a little advice, please

Submitted by Anonymous (not verified) on Sat, 02/23/2008 - 17:41
Forums

Hello, I am new to the forum.
Recently, I began receiving calls from a firm called: Frederick Hanna and Associates, looking for my mother. She lives alone and has in the past year gotten rid of her land-line phone and now only has a cell phone. Also, her first name begins with the same letter as my wife's first name, which would explain why this company called my house, looking for my mother.
I became quite concerned and hopped on-line to do a little research. Apparently, Hanna is quite the sum bucket. And based on my preliminary research, my concern for my mother has grown.
However, my concern for me and my family has grown as well. I have nothing to do with this firm, nor am I the target of their collections, however, I have now spoken with the firm.
Does anyone know, can this in some way cause me to become involved with this apprent mess? I hate to think along these lines, considering the fact that my mother might be involved with some heavy dealings, however, I have to look out for my wife and son.... not to mention myself.
Also, does anyone know if there is anything my mother can do to get rid of these dirt bags and to avoid any legitimate legal trouble?

Thank you kindly in advance.
Stirdgit

First of all, be advised that she cannot face any legal consequences. This is strictly a civil matter. It's simply a collection agency. It could be a debt from as far back as 20 years or more. A junk debt at that. A foad letter would be in order in that case.

They will go to extremes to find anyone associated with her. You need to tell them to quit calling, and if they don't you will file harrasment charges. Alternatively, you could mail them a cease and desist letter, or have your mom do it.

Depending on the amounts and when the debts were incurred, there are possibilities of judgements. They will not tell you much. Don't be too concerned.

Sat, 02/23/2008 - 20:23 Permalink
stirdgit (not verified)

diem,
Thank you very much. Your reply is greatly appreciated.

Sun, 02/24/2008 - 10:36 Permalink

You can send a cease and desist letter, demanding that they not try to contact her at your residence and phone number.

Advise your mother to send a letter demanding validation of the alleged debt.

Send both copies through return receipt mail.

Sun, 02/24/2008 - 12:03 Permalink

My grandmother would get very flustered and upset if a debt collector called. She would tell them anything she wanted to know because she assumed they had some authority. When my nephew's motorcyle payments were late, they called her since she was listed on the application (nearest relative thing) and my gran spent 20 minutes on the phone with them telling them about where he was working, how many hours he worked, what other bills he had, etc PLUS giving out all sorts of other phone numbers to them thinking she was helping him. Luckily she didn't have the money to pay it for him!
My point is do NOT let her talk to them. If you want to handle this for her, then she needs to know what to say to them. Do you at least know now what oringal debt this is in regards to? That may ease your concerns about the "heavy dealings" you are worried about her being in.

Mon, 02/25/2008 - 14:32 Permalink

I've had collection agencies call myhusbands family members also. My husbands mother took out a credit card in his name since it was the same as the fathers (who's credit she ruined) and now the collection places calls the sisters, grandmother whom ever they can. They all asked them to quit calling but still they do. It is embarrassing to go to family functions and have to hear about it. This was in 2001 and the father died shortly after. My husband refused to do anything about denying the debt cause he felt bad for his momafter the fathers death. So he just didn't pay it. Sure it is out of SOL but the harassing phone calls are annoying. The debt has been sold off so many times that when you do try to get a name they hang up. I've changed our number but found out that is useless because someone always gives it a way. Only did that once. If you can get the companys name and address, if you send them a cease and desist order, with it being out of statutes won't they just keep harassing other family members? When do junk debt collectors quit buying such old debt/

Sun, 03/02/2008 - 01:34 Permalink

Hi fireyone, you are absolutely right about the cease and desist order. Are you saying that the mother took out credit in the childs name, this is just down right wrong, especially if you had no intention of paying it, ruin the kids credit before he has a chance to build it, you would think that they would check the childs age and the ability to pay the bill, obviously a child does not have an income, there fore can not pay the bill. I don't see how they can get a way with this. I would never do this to a child.

Sun, 03/02/2008 - 01:38 Permalink

Well my husband is an adult but he is the child. So are you saying if the debt is beyond SOl, which I believe is 4 years in PA, if I would send the cease and desist letter they would quit calling here? Doesn't that just give them more incentive to call the other family members? Maybe they figure if they aggravate the loved ones enough the debt would get settled.

Sun, 03/02/2008 - 01:41 Permalink

When do junk debt collectors quit buying such old debt/

Probably never...the older it gets, the cheaper it costs.

I am confused; whose debt is it? The deceased father in law's, or your husbands?

Sun, 03/02/2008 - 08:33 Permalink

It is my father-in-laws. I'll try to explain a little better. My husbands mother has been using his name on different things since his is almost like his dads. Dad..Kenneth Ord...son...Kenneth Ordie...she even used his SS#(sons).So she would get the bills and sometimes pay them sometimes not...We found out she had a the electric bill ,which was high, in his name too. Once his father died we pulled the power. Couldn't before cause his dad was on oxygen and needed it. We paid the bill in full because it was requires before closing the service. My husband refuses to pay the credit card bill, says he has paid enough. He will not go against his mother to fix this and that credit card bill is pretty old & years I believe. It truly has been a nightmare but our bank helped us clear off 80% of what was on the record and now my husband has great credit except for that 1 credit card bill. It is a fairly high amount and past SOL according to our bank it falls off next year.

Sun, 03/02/2008 - 14:04 Permalink

If past SOL, and in his name, I'd send a CND letter to the CA, demanding that ALL collection activity cease.

Sun, 03/02/2008 - 21:24 Permalink

All of the above..past SOL, in PA it is 4 years and yes it is in his name so I will send the cease and desist,asap. Thanks. Now does this cease and desist stop them from calling relatives also or just the one who owns the debt? I would hate to cut them from calling here only to have them drive the other family members crazy. Of course if it was his mother it would be a different story.

Mon, 03/03/2008 - 00:46 Permalink

Demand that they cease all collection attempts. If a CA knows where to contact a debtor, and has already done so, I'm pretty sure it is an FDCPA violation to contact third parties. You might want to consider talking to an attorney, but given the dubious nature of the debt, I don't know what would come of it.

Mon, 03/03/2008 - 04:02 Permalink

Okay morningstar I'll get the cease and desist letter ready and in the mail. Thanks a billion. Its hard to believe that it is that simple after all the aggravation the past couple years.

Mon, 03/03/2008 - 11:46 Permalink